in civil society one with another: but those who have no such common
appeal, I mean on earth, are still in the state of nature, each being,
where there is no other, judge for himself, and executioner; which is, as
I have before shewed it, the perfect state of nature.
Sec. 88. And thus the common-wealth comes by a power to set down what
punishment shall belong to the several transgressions which they think
worthy of it, committed amongst the members of that society, (which is
the power of making laws) as well as it has the power to punish any
injury done unto any of its members, by any one that is not of it, (which
is the power of war and peace;) and all this for the preservation of the
property of all the members of that society, as far as is possible. But
though every man who has entered into civil society, and is become a
member of any commonwealth, has thereby quitted his power to punish
offences, against the law of nature, in prosecution of his own private
judgment, yet with the judgment of offences, which he has given up to the
legislative in all cases, where he can appeal to the magistrate, he has
given a right to the common-wealth to employ his force, for the execution
of the judgments of the common-wealth, whenever he shall be called to it;
which indeed are his own judgments, they being made by himself, or his
representative. And herein we have the original of the legislative and
executive power of civil society, which is to judge by standing laws, how
far offences are to be punished, when committed within the common-wealth;
and also to determine, by occasional judgments founded on the present
circumstances of the fact, how far injuries from without are to be
vindicated; and in both these to employ all the force of all the members,
when there shall be need.
Sec. 89. Where-ever therefore any number of men are so united into
one society, as to quit every one his executive power of the law of
nature, and to resign it to the public, there and there only is a
political, or civil society. And this is done, where-ever any number of